https://ojs.tnkul.pl/index.php/kip/issue/feed Kościół i Prawo 2020-09-28T12:01:04+00:00 Agnieszka Romanko agnieszka.romanko@kul.pl Open Journal Systems <p><span lang="EN-US"><strong>Kościół i Prawo</strong> is a semi-annual journal published by the Faculty of Law, Canon Law and Administration at the John Paul II Catholic University of Lublin in cooperation with the Learned Society of the Catholic University of Lublin. The aim of this journal is to publish scholarly articles concerning canon law and relations between State and Church. The journal gives special attention to Polish particular law. Besides academic articles, the journal also includes book reviews and reports of conferences.</span></p> https://ojs.tnkul.pl/index.php/kip/article/view/13318 From the Editor-in-chief 2020-09-28T11:59:15+00:00 Mirosław Sitarz mpsitarz@kul.pl 2020-09-28T11:46:19+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13319 Vocation Formation as the Basis of the Institution of the Priesthood 2020-09-28T12:01:04+00:00 Oleksandr Levytskyy olevytsky@ukr.net <p>The study explores the process of vocations formation as the basis of the priesthood. The article presents the basic stages of development of a vocation to the priesthood. The particular attention should be paid to the emphasis on the formation of candidates for the priesthood in the context of the provisions of synods and councils, as well as the approval of local bishops. It is necessary to highlight the need to provide appropriate formation education for future clergy by combining teaching and education in a seminary. A separate issue is the process of forming the future clergy through upbringing in a family and forming them in the environment of peers.</p> 2020-09-28T11:49:42+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13320 Protection of Life in Canon and Polish Law 2020-09-28T12:01:02+00:00 Ryszard Pankiewicz rpank@wp.pl <p>In accordance with the 1983 Code of Canon Law, protection and defense of human life along with conception has been regulated in provisions covering crimes against human life and freedom. Furthermore, the Catholic Church in the Catechism provides a clear position about protection and defense of human life. According to art. 38 of the Constitution of 1997 the Republic of Poland provides the legal protection of the life of every human being. The lower temporal limit of human life was determined by the legislator in the Act on the Ombudsman for Children of 2000. According to it “within the meaning of the Act, a child is every human being from conception to the age of majority,” and the Ombudsman for Children works to protect the rights of the child, in particular the right to life and its protection. In addition, in Polish law, the legislator in the Act on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy of 1993, specified the situations in which abortion may be legally performed.</p> 2020-09-28T11:50:51+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13321 Canonical Requirement of Consultations with the Holy See Before Erecting an Institute of Consecrated Life 2020-09-28T12:01:00+00:00 Łukasz Wacław lukaszwaclaw@gmail.com <p>In 1906 Pope Pius X, in his motu proprio <em>Dei providentis</em>, imposed on bishops wishing to erect a new institute of consecrated life in their territory to consult the Holy See on this matter. This requirement was mentioned in many ecclesiastical documents including the 1983 Code of Canon Law. It was also confirmed in can. 579. Following promulgation of the Code, there aroused doubts as to the legal nature of those consultations. Therefore, bearing in mind the good of the Church and the timeliness of the problem, the ongoing dispute as to whether the necessary consultations are required <em>ad validitatem </em>or <em>ad liceitatem </em>was finally established by the Pope Francis in 2016, who decided that the lack of consultations will make the act establishing the new institute of consecrated life invalid.</p> 2020-09-28T11:51:21+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13322 Taxation of Religious Organizations in Ukraine 2020-09-28T12:00:57+00:00 Oleksandr Bilash oleksandr.bilash@uzhnu.edu.ua Tetyana Karabin tetyana.karabin@uzhnu.edu.ua <p>This paper concerns the taxation of religious organizations, enterprises, as well as other institutions established by religious organizations in Ukraine. Both the benefits and tax relief have been investigated in the context of acquisition of non-profit status. It is related to securing the statutory activity of a religious organization in the field of property tax and value added tax. As a rule, religious organizations pay taxes to the state budget according to general rules. This applies to both personal income tax and corporate income tax, as well as social security contributions. On the one hand it creates appropriate conditions for religious organizations to carry out their tasks of providing social services and on the other hand, it provides the principle of equality and nondiscrimination of different commercial subjects.</p> 2020-09-28T11:51:46+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13323 Relations Between the Church and the State in Poland on the Case of COVID-19 2020-09-28T12:00:55+00:00 Jarosław Krzewicki krzew@libero.it <p>The COVID-19 pandemic prompted the Polish government to act with a side effect of violating religious freedom. The problem mainly related to the restrictions with regard to number of people who could participate in the services. There are reservations about the constitutionality of actions taken in good faith. The state action was associated with a well-justified goal. It was adequate and necessary. It raised doubts, by the arbitrary and disproportionate imposition of restrictions on the Church, the scale of which was lacking in clear and convincing justification. Moreover, the restrictions were introduced was not based on respect for the autonomy of the Church. The pandemic showed that both entities should draw conclusions from it and to deepen and develop fruitful cooperation for the benefit of human being and society.</p> 2020-09-28T11:52:13+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13324 The Common Good as the Basis of Respect for Human Beings in the Context of Social Challenges 2020-09-28T12:00:53+00:00 Jacek Nogowski jmnogowski@diecezja.elk.pl <p>The Catholic social teaching of the Church explains that the common good is the sum of the conditions of social life that allows to achieve more fully and more easily own perfection, entailing rights and obligations regarding the entire human race. Every social group must take into account needs and right aspirations of other group. Moreover, the common good of the entire human family. The common good consists in respecting rights and obligations of the human being and creating maximum opportunities for development for human individuals which belong to different communities. The common good that people seek and achieve by creating a social community is a guarantee of personal, family and group good. The principle of the universal destination of goods, the principle of subsidiarity and solidarity is helpful in respecting every human person.</p> 2020-09-28T11:52:41+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13325 The Relationship Between Labour and Capital in the Social Teaching of the Church. Introduction to the Issues 2020-09-28T12:00:49+00:00 Kazimierz Święs kswies@kul.pl <p>The author aimed at showing the position of the Church towards an important dimension of the social issue, which is the relationship between labour and capital. The conclusion was that the Church in her social teaching did not initially oppose these two factors of production, but also did not identify new priorities. Since the Second Vatican Council, the Church social teaching emphasized the priority of labour over capital. The pope John Paul II achieved the best efforts in this field. In the theological and anthropology perspective, he showed the personalistic aspect of a person, his great dignity, and work as a calling by God and participation in his creative work. The human person, as subject and perpetrator always takes precedence over material means. This principle should guide the reforms of economic life at the level of creating a general political framework, internal organization of large corporations and small enterprises.</p> 2020-09-28T11:53:10+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13326 The Seal of Confession in Polish Criminal Law – Substantive and Procedural Aspects. De lege ferenda Postulates 2020-09-28T12:00:47+00:00 Wioletta Dudziec-Rzeszowska dudziec.w@gmail.com <p>This study explores the position of a minister in the context of substantive and procedural aspects of the sacramental seal in the Polish criminal law. The first issue refers to the criminal liability of the minister for disclosing of information covered by the sacramental seal of confession and the obligation of a crime notification. The second one regards an absolute inadmissibility of an evidence. In conclusion, it can be found the reference to individual aspects of the sacramental seal in the Polish criminal law and postulates <em>de lege ferenda</em>.</p> 2020-09-28T11:53:53+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13327 The Right to Say Goodbye and Permission to Leave a Penitentiary Facility 2020-09-28T12:00:44+00:00 Dawid Niemczycki dawidniemczycki@o2.pl <p>This study discusses the right to say goodbye regarding the possibility of visiting seriously ill relatives and attending their funeral. Such a right shall apply for prisoners and is protected not only by Polish law, but also by international law, both in the form of <em>hard law </em>provisions, i.e. the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as <em>soft law</em>, i.e. European Prison Rules and Nelson Mandela Rules.</p> <p>In this article we can find, the genesis of the right to say goodbye, which was presented by referring to individual judgments of the European Court of Human Rights. Following, the subjective scope of the right to say goodbye was articulated by indicating the authorized entities – who are beneficiaries of this right – and entities deprived of the possibility to use the permit to leave the prison. At the end, guarantees were emphasized to protect the entity against violations of the right to say goodbye.</p> 2020-09-28T11:54:19+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13328 The Prison as a Place of Renewal in the Teaching of John Paul II 2020-09-28T12:00:42+00:00 Tomasz Sobecki tomasz_sobecki@wp.pl <p>The prison is a source of suffering for people serving a sentence, exposes them to the loss of individuality, deprives them of the possibility of being themself, and limits practically all essential aspects of everyday existence. Every day in prison is carefully counted by the inmates. However, the time of imprisonment need not necessarily be wasted time. This time, according to the teachings of John Paul II, belongs to God and it is necessary to live it in this way. It is a time which can give rise to a new vision of life, bring a salutary change of character, and for some, it can become an opportunity to discover the true face of God. Imprisonment can take on a deeper meaning and serve the renewal of man.</p> 2020-09-28T11:54:41+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13329 The Establishment of Compulsory Insurance of Church Properties in Poland 2020-09-28T12:00:39+00:00 Waldemar Bednaruk wbednaruk@kul.pl <p>The idea of compulsory fire insurance for church buildings was introduced in Poland on a larger scale in 1803. It was the first to use it in practice by the Prussian invaders. Following the establishment of the Kingdom of Poland, compulsory fire insurance was maintained just in the lands under Russian rule. In this way, the title obligation to insure one’s property against the consequences of sudden and unexpected random events was extended under the partitions. Following the establishment of an independent Polish state, compulsory fire insurance of church property was recognized as the norm in force in most of the country. The exception were the lands of the former Prussian partition, which were not covered by the compulsion to protect the building from fire.</p> 2020-09-28T11:55:01+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13330 The Lutostański Draft Law and the Bolshevik Legislations of the Marriage Law in the Interwar Period 2020-09-28T12:00:37+00:00 Judyta Dworas-Kulik dworaskulik@gmail.com Khrystyna Moriak-Protopopowa khrystyna.moryak-protopopova@lnu.edu.ua <p>The aim of this paper is to analyze of the project marriage law by Karol Lutostanski from 1929, which was carried out in a comparative perspective with legal solutions in force in Soviet Russia. The legitimacy of considering comparative studies justifies the reference by the conservative camp of the Second Republic of Poland to the convergence of the content and assumptions of Lutostański’s project with Bolshevik marriage legislation. Such a position was a directly reason why the draft did not become effective. The results of the study indicate that there are significant discrepancies, both in the assumption of the proposed regulation and in the edited articles which are shaping the model of marriage and family, and in consequence the state. In contrast to marriage law in Russia, the Polish project in fact aimed to protect the institution of marriage and family.</p> 2020-09-28T11:55:22+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13331 II International Conference About the Persecution of Christians. Budapest, 25th-28th of November 2019 2020-09-28T12:00:35+00:00 Tadeusz Guz tguz@kul.pl 2020-09-28T11:55:43+00:00 Copyright (c) 2020 Kościół i Prawo https://ojs.tnkul.pl/index.php/kip/article/view/13332 III International Congress of the Movement «Europa Christi» A Europe of Two Lungs – a Europe of Gospel, Truth and Peace. Session in Lublin: Church and State in the Service of the Family. Lublin, 16th-17th of October 2019 2020-09-28T12:00:32+00:00 Malwina Kędracka kedrackamalwina@gmail.com 2020-09-28T11:56:03+00:00 Copyright (c) 2020 Kościół i Prawo